Two Democrats cross the aisle as Senate clears path for Mullin's confirmation to lead DHS

The Senate voted 54-37 on Sunday to invoke cloture on President Donald Trump's nomination of Sen. Markwayne Mullin to serve as Secretary of the Department of Homeland Security, all but guaranteeing his confirmation in a final vote expected Monday or Tuesday. The surprise wasn't the outcome. It was who helped deliver it.

Two Senate Democrats, John Fetterman of Pennsylvania and Martin Heinrich of New Mexico, broke ranks to advance Mullin's nomination. In a chamber where party-line votes on cabinet nominees have become ritual, even one Democratic defection makes news. Two makes a statement.

Fetterman keeps his streak alive

Fetterman's vote was the less surprising of the two. The Pennsylvania senator has made a habit of bucking his party on Trump's nominees, building a brand as the Democrat least interested in performative resistance. He announced his position on X back on March 5, the Daily Caller reported.

"I'm not sure how many fellow Democrats will vote to support our colleague [Mullin] as the next DHS Secretary, but I am AYE."

No lengthy justification. No hand-wringing. Just a vote. Whatever else you think of Fetterman's politics, the man does not appear to lose sleep over the approval of Chuck Schumer's whip operation.

Heinrich's case for crossing over

Heinrich's defection carried more weight, both because it was less predictable and because he took the time to explain it. The New Mexico Democrat issued a detailed statement rooted in his working relationship with Mullin, their shared legislative record, and what he described as Mullin's independence.

"This is going to surprise some people, but I consider Markwayne Mullin a friend. We have a very honest and constructive working relationship."

Heinrich pointed to co-authored legislation, including the Tribal Buffalo Management Act, and their collaboration on the Legislative Branch Appropriations bill. He framed his vote as a bet on Mullin's character and autonomy, specifically contrasting Mullin with what he implied would be a more pliable alternative.

"I have also seen first-hand that Markwayne is not someone who can simply be bullied into changing his views, and I look forward to having a Secretary who doesn't take their orders from Stephen Miller."

He also cited Mullin's recognition of the necessity of judicial warrants and his desire for a DHS Secretary who understands the "unique terrain that exists in the southwest and the proper mix of structure, technology and personnel necessary to effectively secure our border."

The statement is revealing for what it does and what it doesn't do. Heinrich never endorsed Trump's immigration agenda. He endorsed Mullin's temperament, his willingness to engage, and his refusal to be a rubber stamp. Whether that calculation proves correct is another matter, but it was a serious argument from a senator who clearly weighed the political cost.

Paul's lone Republican objection

The vote's most notable opposition came not from Democrats but from within the Republican conference. Sen. Rand Paul of Kentucky, who chairs the Senate Homeland Security Committee, voted against advancing Mullin's nomination after a contentious confirmation hearing.

Paul called Mullin "a man with anger issues" and pressed him on past comments related to the 2017 attack on Paul by a neighbor, an incident that left Paul with serious injuries.

"I just wonder if someone who applauds violence against their political opponents is the right person to lead an agency that has struggled to accept limits to the proper use of force."

Mullin pushed back directly, telling Paul during the hearing that he drew a distinction between supporting and understanding the attack.

"I did not say I supported it [the 2017 attack], I said I understood it. There's a difference."

He added:

"I'm not apologizing for pointing out your character."

The exchange was blunt, even by Senate standards. But Paul's objection didn't come close to sinking the nomination. The committee had already advanced Mullin on an 8-7 vote, and Sunday's cloture tally made the math clear. Paul's concerns are on the record. The Senate moved on.

What Mullin inherits

Mullin, if confirmed as expected, would succeed Kristi Noem as head of DHS, the sprawling department responsible for border security, immigration enforcement, cybersecurity, and disaster response. He would also become the first American Indian to lead the department. The last American Indian to serve in the U.S. Senate before Mullin was Ben Nighthorse Campbell, a Republican from Colorado who retired in 2005.

His legislative record reflects that heritage. In December 2025, Mullin and Heinrich reintroduced the Indian Buffalo Management Act, aimed at helping tribes reestablish buffalo herds on reservation lands. Mullin described the effort in direct terms.

"The buffalo is essential to our heritage and must be supported."

That bipartisan work is part of what earned Heinrich's vote. It's also a reminder that the Senate, for all its theater, still occasionally produces relationships that cut across party lines when the cameras are off.

The bigger picture

Two Democratic votes for a Trump DHS nominee is not a realignment. It is not proof that bipartisanship is alive and well. But it is notable in an era when most Democrats treat confirmation votes as loyalty tests. Fetterman and Heinrich each had their own reasons, one personal and ideological, the other strategic and relationship-driven. Neither appeared to be performing for a national audience.

The broader Democratic caucus held the line. Thirty-seven senators voted against cloture, and there is no indication the party's leadership blessed the defections. If anything, Heinrich's pointed reference to Stephen Miller suggests he knows exactly how his vote will be received by the progressive base. He made it anyway.

Mullin's confirmation vote will come within days. The math is settled. The more interesting question is what kind of DHS Secretary he becomes, and whether Heinrich's bet on independence proves to be more than senatorial courtesy.

The Senate did its job. Now it's Mullin's turn to do his.